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Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003
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[F11.The Commissioners for Her Majesty’s Revenue and Customs shall establish an application form.]
2.The application form shall specify the information that has to be provided to the data subject pursuant to [F2Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).]
3.The F3... following information is required of the applicant in the application form:
(a)details concerning the applicant;
(b)the status, within the meaning of Article 3, of the applicant;
(c)documents providing evidence to satisfy the competent customs department that the applicant is entitled to submit the application;
(d)where the applicant submits the application by means of a representative, details of the person representing him and evidence of that person’s powers to act as representative, in accordance with the legislation of the [F4United Kingdom];
(e)the intellectual property right or rights to be enforced;
F5(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g)specific and technical data on the authentic goods, including markings such as bar-coding and images where appropriate;
(h)the information needed to enable the customs authorities to readily identify the goods in question;
(i)information relevant to the customs authorities’ analysis and assessment of the risk of infringement of the intellectual property right or the intellectual property rights concerned, such as the authorised distributors;
(j)whether information provided in accordance with point (g), (h) or (i) of this paragraph is to be marked for restricted handling F6...;
(k)the details of any representative designated by the applicant to take charge of legal and technical matters;
(l)an undertaking by the applicant to notify the competent customs department of any of the situations laid down in Article 15;
(m)an undertaking by the applicant to forward and update any information relevant to the customs authorities’ analysis and assessment of the risk of infringement of the intellectual property right(s) concerned;
(n)an undertaking by the applicant to assume liability under the conditions laid down in Article 28;
(o)an undertaking by the applicant to bear the costs referred to in Article 29 under the conditions laid down in that Article;
(p)an agreement by the applicant that the data provided by him may be processed by the [F7United Kingdom];
(q)whether the applicant requests the use of the procedure referred to in Article 26 and, where requested by the customs authorities, agrees to cover the costs related to destruction of goods under that procedure.
Textual Amendments
F1Art. 6(1) substituted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 8(a) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 6(2) substituted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 8(b) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 6(3) omitted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by virtue of The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 8(c)(i) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 6(3)(d) substituted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 8(c)(ii) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)
F5Art. 6(3)(f) omitted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by virtue of The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 8(c)(iii) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 6(3)(j) omitted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by virtue of The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 8(c)(iv) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Art. 6(3)(p) substituted (except in relation to goods entering Northern Ireland from the Republic of Ireland or exiting Northern Ireland to the Republic of Ireland) (31.12.2020) by The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/514), regs. 1(2), 8(c)(v) (with reg. 1(3)); 2020 c. 1, Sch. 5 para. 1(1)
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